Comparative Approaches to Continuing Legislative Reform: Considering Insolvency Law Reform in Japan and Several Common Law Countries
Law in Asia and the Near Future Conference, November 2001
9 Pages Posted: 9 Sep 2007
This paper briefly considers and critiques comparatively institutions of law reform used in Japan, Australia, New Zealand, the United Kingdom, and the United States. It undertakes the examination using a case study of insolvency law reform and the specific treatment of cross-border insolvency. In particular, the paper appraises the shingikai [deliberative council] system in Japan; the Law Commission system in Australia, New Zealand, and the UK; and the ad hoc system of reform in the United States. The paper approaches the issue from a legal realist and stakeholders perspective. It concludes that law reform institutions benefit from periodic review by specialists balanced among a variety of interested parties.
Keywords: Law reform, Japanese law, insolvency
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